Terms of Service

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1. Definitions

1.1. “Firsthand Contract”, “We,” “Us” or “Our” means Firsthand Contract described in Section 2.

1.2. “Customer”, “You” or “Your” means, in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which You are accepting this Agreement.

1.3. “User” means, in the case of an individual accepting these terms on his or her own behalf, such individual. In the case of an individual accepting this Agreement on behalf of a company or other legal entity, “User” means an individual who is authorized by You to use a Service.

2. General

2.1. The Firsthand Contract website (“the Service”) is run by Andrew Carnahan as a sole propietorship (“We”,”Our”,”Us”,”Firsthand Contract”) a company registered in Sweden under the company number 801229-0634 and the address Älvsjö Stations gata 4, 125 31 Älvsjö.

2.2. The Service allows registered Users to create and manage a profile online. The Service includes communications from Us, such as service announcements and administrative messages.

2.3. This document explains the User Agreement (the “Agreement”) which applies to the Service. By using the Service, You accept the Agreement and agree abide by them. If You do not agree to the Agreement, do not use the Service.

2.4. We reserve the right to update and change the Agreement from time to time without informing You.

3. User Conduct

3.1. You must be 18 years or older or have guardian authorization and consent to use the Service.

3.2. In order to use the Service, You must create a password protected User account. You are responsible for maintaining the confidentiality and security of Your password and account. You are fully responsible for all activities that occur under Your account and any other actions taken in connection with it. You must ensure that You exit from Your account at the end of each session. You agree to notify Us immediately in writing of any unauthorized use of Your account or any other security breaches. We will not be liable for any loss or damage from Your failure to comply with this clause.

4. Charges and Payment

4.1. Some of Our plans are only available if You pay for them. The charges for the different plans are shown on the Service and include VAT. You can pay for a plan online by credit card. All Your payments will be processed via 3rd party payment providers and We will not have access to Your credit card or other payment information at any time. The charges will be payable in advance and You can choose whether to pay monthly or annually. We will automatically take payment each month/year (as applicable) and will continue to do so until You advise Us otherwise. You can cancel Your plan at any time via Your account control panel.

4.2. If We accidently take payment after You have given Us notice that You no longer wish to pay for a plan, We will refund You in full. If We are unable to collect payment for any reason or You fail to pay the charges, We may suspend the features of the relevant plan until We receive payment in full and in cleared funds.

4.3. You may upgrade or downgrade plans at any time by selecting the plan You want. If You upgrade to a higher plan, the higher plan will be available to You as soon as You have paid the relevant charges. If You downgrade to a lower value plan, You will be charged the lower amount when Your next payment is due.

4.4. We reserve the right to change the charges at any time by giving You not less than 30 days notice.

5. Cancellation and Termination

5.1. If You cancel the Service, Your cancellation will take effect immediately and Your account will be terminated. After cancellation, You will no longer have access to Your account and all information contained therein will be deleted. We accept no liability for such deleted information or content.

5.2. We may, in Our sole discretion, terminate Your password, and/or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if We believe that You have violated the Agreement. We may also, in Our sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.

5.3. You agree that any termination of Your access to the Service under the Agreement may be effected without prior notice, and You acknowledge that We may immediately deactivate or delete Your account and all related information and files. We reserve the right to bar any further access to such files or the Service.

5.4. We will not be liable to You or any third-party for any termination of Your access to the Service.

6. Intellectual Property Rights

6.1. We are the owner or the licensee of all intellectual property rights in the Service, the material published on it, and any necessary software used in connection with the Service. These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly authorized by Us, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

7. Indemnity

7.1. You agree to indemnify Us from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Your content, Your use of the Service, Your team member’s activities, Your connection to the Service, Your violation of the Agreement, whether You are a registered User or not. You are solely responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access.

7.2. Nothing on the Service Website constitutes advice, nor does the transmission, downloading or sending of any information or the Material create any contractual relationship.

8. Disclaimer

8.1. You understand and agree that Your use of the Service is at Your sole risk. The Service is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied. We will make reasonable efforts to maintain the Service. However, We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to Your sharing of access to the Service, or other interaction with the Service. You are responsible for maintaining and backing-up Your data and information that may reside on the Service.

9.2. We do not warrant that: the Service will be uninterrupted, timely, secure, or error-free; the Service will meet Your specific requirements; any errors in the software will be corrected; the results that may be obtained from the use of the Service will be accurate or reliable; and the quality of any products, services, information, or other material purchased or obtained by You through the service will meet Your expectations.

9.3. Any material downloaded or otherwise obtained by using the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in the Agreement.

9.4. The Service may provide links to other websites or resources. We have no control over such websites and resources. We are not responsible for the availability of such external sites or resources. We do not endorse and are not liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

10. Limitation of Liability

10.1. We hereby expressly exclude, to the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with Our Service or in connection with the use, inability to use, or results of the use of Our Service, any websites linked to it and any materials posted on it, including: loss of data; loss of income or revenue; loss of profits or contracts; loss of anticipated savings; loss of business; wasted management or office time; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to Your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

11. Governing law

11.1. These terms are governed by and construed in accordance with Swedish law and You submit to the exclusive jurisdiction of the Swedish courts.

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